A Capehart Scatchard Blog

New Obligation to Meet With Students Facing Multiple Suspensions or Expulsion

By on February 6, 2020 in Students with 0 Comments

On January 21, 2020, Governor Murphy signed legislation requiring that a meeting take place with a student who has experienced multiple suspensions or who may be subject to a proposed expulsion for the purpose of identifying any behavior or health difficulties experienced by the student and, where appropriate, to provide supportive interventions or referrals to school or community resources that may assist the student in addressing the identified difficulties.  The principal is charged with setting up the meeting as soon as practicable between the student and a school psychologist, counselor, social worker, student assistance coordinator or a member of the school’s intervention and referral services team.   

In certain situations, the required meeting may take place as soon as practicable following the student’s removal from the school.  These include circumstances in which the student’s immediate removal or suspension is necessitated under the Zero Tolerance for Guns Act (N.J.S.A. 18A:37-7 et seq.), the pupil committed an assault under N.J.S.A. 18A:37-2.1 or 2.2, or in any other instance in which the safety and security of other students or school staff required the student’s immediate removal from school. 

The Department of Education is charged with making available to school districts a list of current resources that may be of assistance as referral services for students. Resources may include the New Jersey MentalHealthCares information and referral service, and county or local programs that provide youth services for mental health or substance abuse.

The significance of this development is that it places a new obligation on school districts in connection with student suspensions/expulsions.  The law takes effect immediately.

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Robert Muccilli

About the Author

About the Author:

Robert A. Muccilli, Esq. is Co-Chair of Capehart Scatchard’s School Law Group and a Shareholder in the Labor and Employment Group. For over 25 years, he has focused his practice in the areas of school law, and labor and employment. He has represented school districts with respect to a variety of education law issues involving students, teachers, school construction and special education issues including questions pertaining to inclusion, least restrictive environment, discipline, behavior management, transition, evaluation, discrete trial instruction, medically fragile students, dyslexia, Down Syndrome, Aspergers Syndrome, and equal access to activities and services for disabled individuals. He has also been recognized as one of South Jersey’s Top Attorneys as published by SJ Magazine. Mr. Muccilli is admitted to practice law in New Jersey, the United States District Court for the District of New Jersey and Washington, DC.

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